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Trouble with my diamond

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Dear notperfect,
CaptainAubrey has given you good advice. You only need a gem I.D, ( not an appraisal) and that will cost you much less.
If you can travel to the sellers home I assume you can drive a half hour to find someone who can test it. So, bite the bullet as quickly as possible to find out the truth. If it isn''t a diamond don''t believe anything the woman tells you. CZ looks very nice to me but I wouldn''t ever keep one that was supposed to be a diamond. Let us know but you must do the work. So sorry!
Thanks,
Annette
 
Date: 12/4/2007 1:23:08 PM
Author: CaptAubrey
I repeat, please take it to an unbiased professional. These home tests are no good if you have no experience and no context in which to place what you''re seeing.
I totally agree.

As I said, "til you get to an apparaiser". You still need to see one not.
 
Whatever you do, I''d do it fast. The longer you dally, the less chance of returning the ring. If it was me, I''d return it and insist on a refund. Now.
 
Are there any pawn shops in your area? They should have diamond testers and loups, just pretent you want to sell and and see what they say.
 
Date: 12/3/2007 11:31:18 PM
Author: seekerofdiamonds
Get it appraised by an independent appraiser, and if it is a fake, but still a beautiful stone, then have it set and enjoy it.

I have a beautiful purple stone that my grandfather got me in Thailand when I was a child. I was told it was an ''alexandrite''. Turns out it is not an alexandrite, and the best conclusion anyone can come to is that it is a ''synthetic alexandrite''.

My point is, stop calling it a ''fake'' and call it a synthetic whatever it is. Being synthetic doesn''t diminish the wearbility or beauty of the stone. But for your own peace of mind, have it appraised. Then you will know for sure if you want to take legal action.
That''s all very well, but personally I would be VERY unhappy if I had paid $$ for a ''diamond'' and it turned out to be a $50 CZ.

Why on earth would you want to pay diamond prices for a sim?
33.gif
 
Date: 12/4/2007 3:18:02 PM
Author: MustangGal
Are there any pawn shops in your area? They should have diamond testers and loups, just pretent you want to sell and and see what they say.
No pawn shops either lol. We''ve got nothing out here lol.
 
Don''t be ashamed--locate a person or place in a nearby community & take a day trip ASAP. It will be worth your time and effort.
 
It may also be possible that the seller didn''t know. It''s not too common, but some jewelry stores have been caught switching diamonds for CZ, so she may not know if that was done to her.
 
Date: 12/5/2007 9:54:09 AM
Author: MustangGal
It may also be possible that the seller didn''t know. It''s not too common, but some jewelry stores have been caught switching diamonds for CZ, so she may not know if that was done to her.
Yeah, but she''s had it was two years. It''s suppose to be cleaned and inspected every six months so you''d think they''d catch that, right?
 
And diamonds are only graded from a top view, correct? So, since this diamond only has a SI1/SI2 grading I should be able to see imperfections from the side or bottom, right? This baby is crystal clear. I cleaned it thouroughly and dried it with a lint free cloth and there isn''t the tiniest inperfection in it anywhere. I know it''s not recommended for someone like me to try and see for themselves, but at this point a day trip is a ways off. I''ve got the whole family home sick today!
 
I''m not an expert, but it sounds like you have an impostor. Even if the seller was unaware, you deserve a refund of your money.

I see two options here:

1. Take time IMMEDIATELY and go get this stone checked out and documented (and swallow the small cost of doing so), and then demand a refund. You have the advertisement stating the specs of the ring and the new documentation stating that the stone is a cz. That should be enough. If not, take them to small claims court (the $ amuont differs state-to-state)

2. Swallow your pride and keep the ring. If you don''t have time to do the responsible thing (i.e., getting it checked out) so you can follow through properly and get your money back, then you don''t have the right to make any demands on the seller. Chalk it up to a buyer beware learning experience.

It''s tough love, but you have to take this situation seriously. The longer you wait, the harder it''s going to be to get your money back from the seller, it opens up loopholes for them such as saying you had time to switch the stones yourself. Even going back to the initial person who told you it was fake and having them write down that statement with a date and signature on the back of a business card and the threat of small claims court would probably be enough to get a refund.
 
If it was sold at Kay as an SI clarity, then you would definatly be able to see something in it, they''re version of SI is horrible.

My original ring was from Zales with the 6 month inspections, all they did was look at the prongs and clean it, they never tested the diamonds.
 
Date: 12/5/2007 12:32:23 PM
Author: MustangGal
If it was sold at Kay as an SI clarity, then you would definatly be able to see something in it, they''re version of SI is horrible.

My original ring was from Zales with the 6 month inspections, all they did was look at the prongs and clean it, they never tested the diamonds.
Wow!!!! Every time I take mine in to Jared''s they put it under the scope and check everything. Our store here is really careful about not even taking the ring out of your sight without checking it first. I guess since I don''t have a lot of experience with jewelry stores I assumed that all were that careful. I guess not!
 
You have a Jareds? Take it there to have it checked again, if they checked it the first time have someone else check it this time. Did you say you had it removed from the setting you purchased it in already? That might make it more difficult to get your money back as you now have no proof this was the "diamond" that was in the setting.

I wish you all the best of luck in getting this worked out. Such a disappointment.
 
Sigh . . . Let us know how it turns out.
 
Date: 12/5/2007 6:27:02 PM
Author: vivianv
You have a Jareds? Take it there to have it checked again, if they checked it the first time have someone else check it this time. Did you say you had it removed from the setting you purchased it in already? That might make it more difficult to get your money back as you now have no proof this was the ''diamond'' that was in the setting.

I wish you all the best of luck in getting this worked out. Such a disappointment.
Yeah, we''ve got one up in the city, but with what I''ve posted on here already I''m convinced that it is a sim. I mean this stone is crystal clear and with a SI1/SI2 clarity even with as little experience I have with diamonds I know it''s a sim.

I had it removed because the shank was broken, it had to be replaced. We were upgrading from the diamond I currently have and I was excited to have it reset and sized before our wedding. I was just too trusting. I took her word because every question I had, she had an answer for. I mean she had a story behind the ring. I guess she''s very creative.

I think I''ll just have to chalk this one up as a learning experience. She won''t answer her phone nor will she return my calls.

When we do upgrade I guess I''ll be trading in my current diamond through Jareds where it was originally purchased. We couldn''t afford to keep my original and purchase a whole new one and I really didn''t want to part with my original. I was going to put a wrap around it and then wear it as a diamond right hand ring. That''s why we went for the non convential way.

Thanks to all for their time and advice. It was much appreciated!!

Thanks again, Jess
 
Date: 12/6/2007 9:05:36 AM
Author: nottypicallyperfect

I think I''ll just have to chalk this one up as a learning experience. She won''t answer her phone nor will she return my calls.
WAIT -- Don''t just give up! I don''t know what jurisdiction you''re in but in many places you can file a claim through small claims court (I think the limit is up to $3,500, but don''t quote me on that, especially since I don''t know where you are) for very little money. Maybe just the *threat* that you would do that will get her to respond. If she won''t pick up her phone send her a certified letter. If that doesn''t work CARRY THROUGH with the small claims process. It really is inexpensive and easy and you will at least have a chance of getting your $$$ back.
 
Date: 12/6/2007 10:48:55 AM
Author: Dee*Jay
Date: 12/6/2007 9:05:36 AM

Author: nottypicallyperfect


I think I''ll just have to chalk this one up as a learning experience. She won''t answer her phone nor will she return my calls.

WAIT -- Don''t just give up! I don''t know what jurisdiction you''re in but in many places you can file a claim through small claims court (I think the limit is up to $3,500, but don''t quote me on that, especially since I don''t know where you are) for very little money. Maybe just the *threat* that you would do that will get her to respond. If she won''t pick up her phone send her a certified letter. If that doesn''t work CARRY THROUGH with the small claims process. It really is inexpensive and easy and you will at least have a chance of getting your $$$ back.

Ditto DeeJay - small claims court is a perfect option here. You should be able to find all of the information you need to file a claim on the internet, and its very straightforward. My husband and I had to do this to some landlords who let us go without heat in the middle of Winter (our first apartment out of college), and once they realized we were serious they gave us more money than we had expected to get back in the first place, just to avoid the small claims case.

Really, this person cheated you, whether knowingly or unknowingly, and you deserve restitution.
 
I agree, it is very cheap to file a claim. Ow and in most states if you win they will also award you the claim money, appraisal fee, and the court fee''s with the judgement. You will go to the local court house and file this, it is only about 1 paper you will need to fill out. Bring with you any information you have on this woman, including her full name and address. They will serve her and if she doesn''t appear in court they will automatically file the judgement in your name. But with this you need to have an appraisal proving that this is not a real diamond before you walk into that court. Word of mouth will not be enough. I would not let her get away with this, she will do this to someone else if this was deliberate. You also need to understand that these scams happen alot around the Holidays, people will get money any way they can. Ethics aren''t always the first thing on people''s mind at this time of the year! Good luck and don''t write this off, get your money and then go and use it as a down on the ring you really wanted! Good luck!
 
I can try, but even the verbal threat of small claims court didn''t get her attention. I also taked to a jeweler about this and they said something about her also providing false documentation for the item. None of this even makes her head turn. Totally frustrating lol. I''ve got a couple more ideas up my sleeve, but not many. I even threw out there that one of our close family friends is a NYS Trooper. Still completely ignoring me. I may have to file a report through him and have him give her a call for starters and see if that gets me anywhere.
 
Did you purchase this through a private sale or through a site like eBay?
 
Well the fact that she is being that way makes me think that she knew what she was doing. So that being said don''t mess with it, file the paperwork with the court and get it over with. If you bring her behavior to light and don''t get anything atleast the legal system will be aware that she is doing this and it may help someone else later. Then write a article to the new paper about her. She will change her mind and trust me the last thing you want at Christmas is an article talking about how your stealing from a family. Just make sure you do it within the law so it doesn''t back fire on you. It is sad that people behave like this, it really ruins it for everyone else! Good luck!
 
Unless you take her to court and get a conviction against her, I would NOT try to publish anything in the paper. If you did, and you named her without back up like a conviction, she could claim libel or defamation of character and sue you.
 
Date: 12/6/2007 1:05:26 PM
Author: Hudson_Hawk
Did you purchase this through a private sale or through a site like eBay?
I''m ashamed to admit...but, eBay
emembarrassed.gif
. I was trying not to let that cat out of the bag. I''ve bought diamonds off eBay before, many times and they''ve all checked out. All prior purchases had been made though private sellers, not stores. I always run the ring up to the city either the same day or the following. I have it shipped with insurance and delivery confirmation through the USPS specifically because of cases like this one. I did contact eBay and file a claim, but she won''t answer phone calls, emails, or the dispute claim. I paid though PayPal, but if I escalate the claim they''ll only give me up to so much money back minus $30 for their envolvement. The lady lives out of state. Before I paid for the item I asked her to send me a confirmation email stating the grading and such of the daimond and I specifically asked if it was a sim. She quickly replied that it was 3/4 ct. purchased 2 years ago from Kay and was definately not a sim. It was an SI1/SI2 H/I. She made it very clear that the shank was broken and needed to be replaced. She answered every question I asked and verified it was a genuine diamond. I also made it clear that I would be taking it in to verify that it was indeed a diamond true to her listed specs. She didn''t object or try to back out of the transaction.

I received the ring last week tuesday and emailed her that I received it. I took it to the city on wednesday very confident that I''d made a good purchase. So, we went to Kay and sat down looking at the settings so it would be ready before our wedding. This size diamond just was a better match for the wedding band I selected with was a 1/2 ct of diamonds. 8 individually set in 18k white gold. Love it!! Anyway, I was so excited and picked out my band that was going to go with the wedding band perfectly. I asked just to diamond check it to be sure. The tester didn''t beep. My heart sank as he held my wedding band and checked every diamond it that to show me that it wasn''t his tester. I practically snatched the rings back and left completely embarrassed. I''m not sure if I was more embarrassed that it was fake or that we had wasted his time. I was complaining and upset the whole way home. When we got here I immediately emailed her that it was a sim. I received on response for several days. So, I filed my PayPal claim. She finally replied that she had 5 kids and I was wasting her time and she wanted the ring back and then when she got the check from PayPal she''d send my money back. Since she already screwed me once I didn''t want to be out the ring (scrap gold) and the money. I didn''t think she''d send my money back anyway since I was supposed to be getting a real diamond and didn''t. Since then she won''t answer any emails.

So, even after it tested a sim I just still couldn''t believe that someone would purposely decieve another like that. I mean there''s a day and night difference in price here. I wondered for a time if she had the diamonds switched before she mailed it out because it sure didn''t sell to me for what the sticker price was. So, I requested her contact information though eBay. I went to mapquest and searched for Kay Jewelry stores in her area. I was shocked to find so many, like 10. I saw that one was only 1 mile from her home, so I called them. They only could tell me that they wouldn''t have swaped them out because they will not deal with sims at all. So, I called the 8 closest pawn shops in her area. I''m resourceful I guess. 4 could say she''d never been there, 2 couldn''t say without a police report and 1 which was only 2 miles from her home would confirm that she had been the before, but not in the last month.

I''m totally out of ideas and time is running out. If I can''t get anything from her by the 12th I have to escalate the claim with PayPal and then I get way less money back. Sure some is better than none, but I''m more about her being punished for her actions.

So, there''s the whole story, start to finish. I''ll never buy jewelry from anywhere, but Jareds again!!!
 
Well this is a whole 'nother ball of wax--and more in your favor I think than if you had just sent some random stranger a check, like through Craig's List, and then gotten a fake item of jewelry back. You have an e-mail from the seller stating that the stone is not a sim. You took it to a jeweler who said it is a sim (although I do think a visit to an *independent* party is in order to confirm this). Now, unfortunately, it is a matter of he said/she said because I suppose that the seller could claim that you took out the real stone and are now trying to get your $ back by using a CZ, but I don't know how e-bay works in terms of disputes. As for escalating the claim with PayPal and getting less $ back--LESS is better than NONE. What about negative feedback; can you post that about her as a seller or does it depend on the resolution of the dispute (e.g., if the dispute is settled you have to post only neutral feedback, or something like that)?

Hop to it girlfriend--get the ball rolling (or rolling FASTER) toward getting at least some, and hopefully all, of your $$$ back!!
 
Don't be ashamed for buying on ebay. There are many people on PS who regularly purchase there and have good luck. And there are some people who are not so lucky. My mom once bought a jade pendant on ebay for a good chunk of change only to find out it was plastic. It happens. But it's good that you've reported it to PayPal. Did you pay with credit card or with a transfer from your bank? If it was with CC, I believe you can challenge the transaction through your CC company but you definitely can challenge it through PayPal. You should also notify eBay about the fraud. I believe they might be able to help you as well. Also, don't brush off the power of negative feedback. Post your feedback and clearly state that she fraudulently sold you a cz as a diamond. Mention that you're taking action through Ebay and PayPal. Then at least you know that other people will see it and be wary. She's banking on you giving up and not taking action. Here are a few links for ebay's resolution center:

Resolution Center http://pages.ebay.com/securitycenter/?ssPageName=CMDV:ICOUT
Reporting/Tracking a Dispute http://pages.ebay.com/help/tp/using-dispute-console.html
Dispute process http://pages.ebay.com/help/tp/inr-snad-process.html
Tips for communicating with your trading partner http://pages.ebay.com/help/tp/inr-snad-process.html

Good luck!
 
Date: 12/6/2007 2:01:30 PM
Author: Dee*Jay
Well this is a whole ''nother ball of wax--and more in your favor I think than if you had just sent some random stranger a check, like through Craig''s List, and then gotten a fake item of jewelry back. You have an e-mail from the seller stating that the stone is not a sim. You took it to a jeweler who said it is a sim (although I do think a visit to an *independent* party is in order to confirm this). Now, unfortunately, it is a matter of he said/she said because I suppose that the seller could claim that you took out the real stone and are now trying to get your $ back by using a CZ, but I don''t know how e-bay works in terms of disputes. As for escalating the claim with PayPal and getting less $ back--LESS is better than NONE. What about negative feedback; can you post that about her as a seller or does it depend on the resolution of the dispute (e.g., if the dispute is settled you have to post only neutral feedback, or something like that)?

Hop to it girlfriend--get the ball rolling (or rolling FASTER) toward getting at least some, and hopefully all, of your $$$ back!!
Thanks, but the bad thing is that she didn''t leave me feedback so if I leave neg she can do the same to me and I really don''t deserve it.
 
Date: 12/6/2007 2:06:22 PM
Author: Hudson_Hawk
Don''t be ashamed for buying on ebay. There are many people on PS who regularly purchase there and have good luck. And there are some people who are not so lucky. My mom once bought a jade pendant on ebay for a good chunk of change only to find out it was plastic. It happens. But it''s good that you''ve reported it to PayPal. Did you pay with credit card or with a transfer from your bank? If it was with CC, I believe you can challenge the transaction through your CC company but you definitely can challenge it through PayPal. You should also notify eBay about the fraud. I believe they might be able to help you as well. Also, don''t brush off the power of negative feedback. Post your feedback and clearly state that she fraudulently sold you a cz as a diamond. Mention that you''re taking action through Ebay and PayPal. Then at least you know that other people will see it and be wary. She''s banking on you giving up and not taking action. Here are a few links for ebay''s resolution center:

Resolution Center http://pages.ebay.com/securitycenter/?ssPageName=CMDV:ICOUT
Reporting/Tracking a Dispute http://pages.ebay.com/help/tp/using-dispute-console.html
Dispute process http://pages.ebay.com/help/tp/inr-snad-process.html
Tips for communicating with your trading partner http://pages.ebay.com/help/tp/inr-snad-process.html

Good luck!
Sadly, I pay cash, so it was a direct transfer though my bank. Thanks for the links!!
 
I think in situations like that you can dispute the feedback she gives you after the fact, but since you're the one making the initial charge against her, she can't dispute yours if you actually dispute with ebay. There has to be some control on that system or the feedback function would be worthless.

Eventhough you paid with a direct transfer, you should still dispute it through both ebay and paypal.
 
There is no control system on ebay regarding feedback. I had a horrible seller for some lamps that were a completely different color than I bought, I contacted ebay BEFORE leaving negative feedback, cause she had already TOLD me she would leave retaliatory feedback and they were USELESS. COMPLETELY AND UTTERLY USELESS.

I caught a Judge Judy episode where they were nailing a fraudulent ebay seller to the wall. There was mention of the state's attorney general getting involved for the fraud.
 
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